(A) A replat is a recordable plat that does not require prior approval of a preliminary plat, and is prepared and processed in accordance with the requirements for final plats as specified in § 154.024 above, subject to additional public hearing requirements, if applicable, as set forth in this section. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat:
(1) Is signed and acknowledged by only the owners of the property being replatted;
(2) Is approved by the Commission, after public hearings, at which parties in interest and citizens have an opportunity to be heard; and
(3) Does not attempt to amend or remove any covenants or restrictions.
(B) If during the preceding five years, any of the area to be replatted without vacation of the preceding plat was limited by zoning classification or deed restrictions to residential use for not more than two units per lot, then notice of the public hearing required in division (A) above shall be given before the fifteenth day before the date of the hearing by:
(1) Publication in the city's official newspaper/publication of record; and
(2) Written notice by mail, with a copy of division (C) below, to the owners of lots that are in the original subdivision and that are within 200 feet of the lots to be replatted, as indicated on the most recently approved city tax roll or, in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved county tax roll of the property upon which the replat is requested.
(C) If the proposed plat requires a variance and is protested in accordance with this division (C), the proposed plat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members of the Commission present.
(1) For a legal protest, written instruments signed by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Commission prior to the close of the public hearing. In computing the percentage of land under this division (C)(1), the area of streets and alleys shall be included.
(2) Compliance with the division is not required if the area to be replatted was designated or reserved for other than single-family or duplex-family residential by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat.
(Ord. 08-358, passed 11-18-2008)